A BC Supreme Court judge has ruled against the Save Record Ridge Action Committee in its legal challenge to force an environmental review of a Rossland-area open pit magnesium mine.
The judgement follows a judicial review held in early May. Save Record Ridge, supported by the Sinixt Confederacy, had hoped the judge would refer the matter back to the Environmental Assessment Office for reconsideration.
Save Record Ridge said it will appeal the decision. The group said in a news release that it expects to file its application with the BC Court of Appeal sometime next week.
Save Record Ridge said it believes there are several “viable grounds” of appeal and it will raise circumstances that differ from previous cases that Justice Gordon Weatherill relied upon in reaching his judgement.
Save Record Ridge believes the case raises issues that could have implications for how environmental assessment thresholds are applied across BC. They say they are concerned the judgement could make it easier for future projects to avoid environmental assessments.
“If this holds, it effectively provides a blank cheque for projects to be overbuilt while avoiding an environmental assessment,” said Melanie Mercier, a director with the organzation. “That issue extends well beyond Record Ridge and is one of the reasons Save Record Ridge has concluded that review by the BC Court of Appeal is necessary.”
While the Record Ridge project would have originally been subject to a full environmental assessment, the proponent revised its production capacity below the threshold that would have triggered such an assessment. The Environmental Assesment Office ruled last year that an assessment was not required.
The judge disagreed with the argument that the chief environmental assessment officer “failed to meaningfully consider and account for the project’s adverse physical effects and the risk of future production increase,” and ultimately found the decision was reasonable.
The company behind the project welcomed the ruling.
“We are pleased with the court’s decision and appreciate the careful consideration given to this matter,” said Frank Marasco, president and CEO of West High Yield said in a news release. “The decision removes a key legal barrier to commencing construction of the Record Ridge project.”
Marasco said the project is still subject to some remaining permits and requirements, but the court decision provides “greater regulatory certainty.”
Costs in the case are to be determined through a separate hearing. Save Record Ridge was required to provide a deposit of $162,500 toward potential damages, but it’s unclear whether they will be required to pay any of that amount. An injunction against starting the mine construction is lifted as a result Wednesday’s ruling, but West High Yield says it still needs to acquire a few more permits.
The company said it has recently received a draft access permit from the Ministry of Transportation and a draft Environmental Management Act permit. It says it’s also in the final stages of obtaining a license from the Ministry of Forests. Save Record Ridge said it continues to lobby those ministries about the project and is prepared to challenge future permits “where necessary.”
The company had hoped for a June start on the project, but now says it may take until July.
While the project is opposed by the Sinixt Confederacy, on whose traditional territory the project lies, it has the support of the Osoyoos Indian Band, who have formed a partnership with West High Yield.
This judicial review was one of two that Save Record Ridge has filed. A separate judicial review challenging the mine permitting decision is expected to be heard in November.
